Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 03762-08
Original file (03762-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SIN

C 20370-5100
WASHINGTON D | Docket No: 03762-08
10 April 2009

 

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United

States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 April 2009. Your allegations of error and
injustice were reviewed in accordance with administrative

regulations and procedures applicable to the proceedings of this

Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Navy and began a period of active duty on

27 June 2005 at age 18. On 29 June 2005, a recruit mental health
evaluation was conducted, and it was determined that you had
post-traumatic stress disorder and a severe personality disorder
that existed prior to your entry into the service. You were
counseled regarding your condition, and advised to seek treatment
after separation.

Based on the mental evaluation, you were processed for separation
by reason of fraudulent enlistment. On 7 July 2005, after you
were advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 15 July 2005

you were discharged with an entry level separation by reason of
fraudulent enlistment. At that time, you were assigned a
reenlistment code of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to fraudulent enlistment based on medical
conditions that existed prior to entry into the service. The
Board thus concluded that there is no error or injustice in your
reenlistment code. Accordingly, your application has been

denied. The names and votes of the members of the panel will be
furnished upon request.

It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

SQ ta SAu

W. DEAN PFE
Executive D r

Similar Decisions

  • NAVY | BCNR | CY2005 | 00562-05

    Original file (00562-05.doc) Auto-classification: Denied

    On 17 December 2004 the discharge authority directed an uncharacterized entry level separation by reason of fraudulent entry due to alcohol abuse. On 22 December 2004 you were so separated from the Navy, and assigned an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2009 | 03009-09

    Original file (03009-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board thus concluded that there is no error or injustice in your character of service or your reenlistment code which were correctly assigned...

  • NAVY | BCNR | CY2006 | 06675-06

    Original file (06675-06.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 28 June 2005 at age 18 and denied any mental health problems prior to...

  • NAVY | BCNR | CY2010 | 05249-10

    Original file (05249-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were diagnosed with a depressive disorder and recommended for an uncharacterized entry level separation.

  • NAVY | BCNR | CY2010 | 00463-10

    Original file (00463-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. On 22 December 2009, you were discharged with an entry level separation from active duty due to erroneous entry. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2008 | 02070-08

    Original file (02070-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2009. Documentary Material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your reenlistment code because of the severity of your...

  • NAVY | BCNR | CY2010 | 10211-10

    Original file (10211-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your _naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 10668-09

    Original file (10668-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2010. Nevertheless, the Board concluded these factors _ were not sufficient to warrant a change in the reenlistment code, which was based on your diagnosed personality disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2009 | 10060-09

    Original file (10060-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2010. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...

  • NAVY | BCNR | CY2008 | 09565-08

    Original file (09565-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous...